N Venkateswara Reddy vs The State Of Ap
2023 Latest Caselaw 5294 AP

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No.26290 of 2023

ORDER:

1. This writ petition under Article 226 of Constitution of India is

filed to issue writ of mandamus, declaring the action of respondents

in witholding payments of bill, payable to the petitioner in relation to

the exeuction of work i.e., Restoration of Check Dam Across Pedderu

near Kummaravari Palli H/o. Peddathippa Samudram (V) in P.T.M

(M) of Chittoor District (Item No.08) vide Agreement No.594SE/2017-

18 dated 26.09.2017, as illegal, arbitrary and contrary to the

principles of natural justice.

2. It is the case of the petitioner that the petitioner has executed

the work i.e., Restoration of Check Dam Across Pedderu near

Kummaravari Palli H/o. Peddathippa Samudram (V) in P.T.M (M) of

Chittoor District (Item No.08) vide Agreement No.594SE/2017-18

dated 26.09.2017, the respondents having been satisfied with the

execution of works, prepared the bills, but the amount was not paid,

for different reasons.

3. During hearing, learned Government Pleader for Irrigation

placed on record, the written instructions passed by the Executive

Engineer, Irrigation Division, Madanapalle, dated 11.10.2023 stating

that the respondents will address a letter to the Government for

providing budget. Soon after release of budget, bills will be paid to

the petitioner.

4. In veiw of the instructions placed on record, the respondents

are directed to clear the bill amounts of Rs.17,80,449/- to the

petitioner, along with the interest @ 6% per annum, in view of the

judgment of the Hon'ble Division Bench of this Court in Writ Appeal

No.724 of 2021 and batch dated 12.10.2023, within a period of six

(06) weeks from the date of receipt of a copy of this order, failing

which the bill amounts will carry interest @ 12% per annum, till the

actual payment of the amount to the petitioner.

5. With the above directions, the Writ Petition is disposed of,

without touching the merits, as to the maintainability of the writ

petition. There shall be no order as to costs.

6. Consequently, Miscellaneous Petitions, if any, pending in this

Writ Petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

04.11.2023 LSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.26290 of 2023

04.11.2023

LSP